Senate Bill sb2208
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2208
By Senator Wilson
33-1496-04 See HB 351
1 A bill to be entitled
2 An act relating to family day care homes;
3 creating s. 402.31302, F.S.; providing that no
4 deed restrictions, covenants, or similar
5 binding agreements running with the land shall
6 prohibit the use of a residential dwelling as a
7 family day care home; providing exceptions;
8 providing for a burden of proof; providing
9 legislative intent; providing an effective
10 date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 402.31302, Florida Statutes, is
15 created to read:
16 402.31302 Family day care homes; deed restrictions.--
17 (1) No deed restrictions, covenants, or similar
18 binding agreements running with the land shall prohibit or
19 have the effect of prohibiting the use of a residential
20 dwelling as a family day care home as defined in s. 402.302,
21 and licensed under s. 402.313, unless prohibiting that use is
22 necessary for the preservation of the health, safety, and
23 welfare of the other residents in the neighborhood.
24 (2) The burden of proof shall be on the party seeking
25 to enforce the deed restriction to demonstrate, on a
26 case-by-case basis, that the restriction is necessary for the
27 preservation of the health, safety, and welfare of the
28 residents of the neighborhood who were meant to benefit from
29 the restriction.
30 (3) Condominiums, as defined in s. 718.103, timeshare
31 property, as defined in s. 721.05, and cooperatives, as
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2208
33-1496-04 See HB 351
1 defined in s. 719.103, are exempt from the provisions of this
2 section.
3 (4) The Legislature intends that families have
4 appropriate licensed family child care to protect the public
5 health, safety, and welfare of Florida's children.
6 (a) The Legislature finds that:
7 1. Family child care meets the transportation,
8 scheduling, financial, and emotional needs of many working
9 families by providing child care in an atmosphere most closely
10 resembling the parents' own homes.
11 2. Family child care increases the availability of
12 care for mixed age groups, including siblings in the same
13 program, offering children enhanced communication and learning
14 experiences.
15 (b) The legislative intent in enacting this section is
16 to facilitate suitable care for young children by providing
17 that working parents have the option of child care in a
18 homelike, neighborhood setting, pursuant to ss. 166.0445,
19 402.26, and 402.313.
20 (c) The Legislature supports the establishment of
21 family day care homes by licensing them pursuant to s. 402.313
22 and providing funding for their services through subsidized
23 child care.
24 (d) The Legislature specifically exempts family day
25 care homes from local zoning restrictions in residential areas
26 pursuant to ss. 125.0109 and 166.0445.
27 (e) It is in the public interest and a valid public
28 policy for this Legislature to eliminate the use of deed
29 restrictions, covenants, or similar binding agreements as
30 barriers to the establishment or continued operation of
31 licensed family day care homes.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2208
33-1496-04 See HB 351
1 Section 2. This act shall take effect upon becoming a
2 law.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
3
CODING: Words stricken are deletions; words underlined are additions.